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THE 


SPEECH 


OP 


HIS EXCELLENCY GOVERNOR STRONG, 

'^■1 ai ' 


DELIVERED BEFORE THE 

LEGISLATURE OF MASSACHUSETTS, 

OCTOBER 16, 1812. 


THE DOCUMENTS, 


WHICH ACCOMPANIED T1IE SAME. 


TO WHICH IS ADDED, 


THE ANSWER OF THE HOUSE OF REPRESENTATIVES. 


PUBLISHED BY ORDER, &p. 


boston: 

PRINTED BY RUSSELL AND CUTLER, 


1812 . 



SPEECH. 


Gentlemen of the Senate — and 

Gentlemen of the House of Representatives, 

THE period again approaches when Elec- 
tors of a President and Vice-President of the United 
States are to be appointed, and you have now assem- 
bled that you may execute the important trust, of direct- 
ing the manner of their appointment on the part of this 
State. I hope that nothing will interfere to prevent an 
impartial discharge of this publick duty. The language 
of the Constitution on this subject is imperative. “Each 
State shall appoint, in such manner as the Legislature 
thereof may direct, a number of Electors.” This form of 
expression was necessary ; for it is obvious, that if the 
States should neglect to appoint Electors, the National 
Government would be at an end. In addition to this, the 
Constitution has required, that the members of the State 
Legislatures, and all executive officers shall be bound 
by oath or affirmation to support the Constitution. We 
have taken this oath ; and have also sworn impartially 
to perform all the duties incumbent on us as members 
of the State Government. Should this duty be neglect- 
ed, the people of this state would, on this important oc- 
casion, lose their political consequence, and be deprived 
of the rights of citizens. 

By a letter of the 12th of last June, the Secretary of 
War requested me, by direction of the President, to 
order into the service of the United States, on the re- 
quisition of Major-General Dearborn, such part of 
the quota of militia from this State, detached conform- 


ably lu the act of the 10th of April last, as he might 
deem necessary for the defence of the sea coast. On 
the 22d of June I received a letter from Gen. Dear- 
born, informing me that war was declared against G. 
Britain, and requesting me to order forty-one compa- 
nies of the detached militia into the service of the U. 
States for the defence of the ports and harbours in this 
State, and the harbour of Newport in the State of R. 
Island; and stating that the companies were intended 
for the following ports and harbours, in the following 
proportions : — For Passamaquoddy five companies, 
for Macliias one company, for Castine three compa- 
nies, for Damariscotta and Wiscasset two companies, 
for Kennebunk one company, for Portland five compa- 
nies, for Marblehead, Salem, Cape-Ann and Newbu- 
ryport, four companies, for Boston twelve companies, 
and for Rhode-Island eight companies. I also receiv- 
ed from Gen. Dearborn two other letters of June 26 
and June 29, on the same subject. 

The Constitution of the U. S. declares that, “ Con- 
gress may provide for calling forth the militia to exe- 
cute the laws of the Union, suppress insurrections and 
repel invasions,” and the act of Congress of April 10th 
authorizing a detachment of 100,000 of the militia, 
empowers the President to « call into actual service 
any part, or the whole of said detachment in all the 
exigencies provided by the Constitution.” From these 
clauses in the Constitution and law of April 10th, the 
President derives his authority to call the militia of 
the States into actual service ; and except in the exi- 
gencies above mentioned he can have no authority by 
the Constitution to do it. But there was no sugges- 
tion, either in the letter from the War Department, 
above referred to, or in those from Gen. Dearborn, 
that this State or Rliode-Island was invaded, or in im- 
minent danger of invasion ; or that either of the exi- 
gencies recognized by the Constitution and law of the 
United States existed. If such declaration could have 
been made with truth, it would undoubtedly have 
been made. 


Gen. Dearborn plainly supposed, that in consequence 
of the act declaring war, he was authorized by virtue 
of the power given him by the President, to require any 
part or the whole of our detached militia to be called 
out and marched to such places in this and the other 
States as he might think proper. If this construction 
of the Constitution is correct, the President and Con- 
gress will be able at any time, by declaring war, to call 
the whole militia of the U. S. into actual service, and 
march them to such places as they may think tit, and re- 
tain them in service as long as the war shall continue. 
It is declared indeed by the aforesaid act of April 10th, 
that the said detachment shall not be compelled to serve 
a “ longer time than six months after they arrive at the 
place of rendezvous.” But if the mere act of declaring 
war gives a right to the National Government to call the 
militia into service and detain them six months, it must 
give a right to detain them six years, if the war contin- 
ues so long; and the National Government has the same 
authority to call out the whole, as a part of the militia. 

Heretofore it has been understood, that the power of 
the President and Congress to call the militia into ser- 
vice, was to be exercised only in cases of sudden emer- 
gency, and not for the purpose of forming them into a 
standing army or of carrying on offensive war. But 
according to the above construction, the right to employ 
the militia is made to depend, not upon contingencies 
which the National Government might be unable to 
foresee or provide against, but upon its own act — upon 
the existence of a state of war, which the Government 
has a right to declare as often, and continue so long, 
as it may think proper. 

Although many of the most important attributes of 
sovereignty are given by the Constitution to the Gov- 
ernment of the U. S. yet there are some which still be- 
long to the State Governments ; of these, one of the 
most essential is the entire control of the militia, except 
in the exigencies above mentioned ; this has not been 
delegated to the United States — it is therefore reserved 
to the States respectively ; and whenever it shall hr 


6 


taken from them, and a consolidation of the military 
force of the States shall be effected, the security of the 
State Governments will be lost, and they will wholly 
depend for their existence upon the moderation and for- 
bearance of the National Government. 

I have been fully disposed to comply with the require- 
ments of the Constitution of the United States and the 
laws made in pursuance of it, and sincerely regretted 
that any request should be made by an Officer of the 
National Government to which I could not constitution- 
ally conform. But it appeared to me that the requisi- 
tion aforesaid was of that character ; and I w as under 
the same obligation to maintain the rights of the State, 
as to support the Constitution of the IT. S. If the de- 
mand was not warranted by the Constitution, I should 
have violated my duty in a most important point, if I 
had attempted to enforce it, and had thereby assisted in 
withdrawing the militia from the rightful authority of 
the State. Besides, if the measure was not required 
by the Constitution, it would have been oppressive, as 
the militia must have been called from their occupations 
to places remote from their homes, and detained in the 
service during the busy season of the year. I, therefore, 
on the third day of July, issued a general order ; and 
on the same day wrote to Gen. Dearborn, that I had 
directed the Adjutant- General to furnish him with a 
copy of it ; and that after mature reflection 1 had en- 
deavoured, in that order, to pursue the course which my 
duty, in relation to the request contained in his letter 
of June 22d, required of me. 

Afterwards, by a letter of July 15th, Gen. Dear- 
born informed me, that having received orders to leave 
the sea coast, where lie w as ordered for the purpose of 
taking the necessary measures for placing the towns 
and garrisons in a state of defence against the invasion 
or attack of the enemy, and to repair to Albany, it be- 
came his duty to request me to order out such part of 
the detached militia as the present state of war re- 
quired , the number being stated in his letter of the 22d 
June ; and that as other objects w ould require the set- 


7 


vice of a great part of the regular troops, it would be- 
come liis duty to order them from the sea board. This 
letter I had no opportunity of answering before Gen. 
Dearborn left the State. But I presumed if this State 
was in danger of invasion, that the regular troops 
would not be ordered to Albany and if they were so 
ordered, that the militia were not liable to be called in- 
to service and stationed in the forts of the U. States to 
do garrison duty, when no danger of invasion appear- 
ed. 

On the 27 th of July, I received a letter from the 
Secretary of War, of the 21st of that month, stating 
that orders had been given to Gen. Dearborn to move 
the regular troops to the northern frontier, leaving a 
sufficient number to man the guns in the garrisons on 
the sea board, and renewing the requisition aforesaid. 
In this letter he says, “ The danger of invasion which 
existed at the time of issuing the order of the Presi- 
dent, increases.” This expression was peculiarly 
guarded, as the order of the President was issued be- 
fore war was declared. However, as this and the last 
letter of Gen. Dearborn, seemed to imply that there 
was some danger of invasion, and as the measures to 
be taken on my part were of importance, I thought it 
expedient to convene the Council, and request their 
advice on the subject of the foregoing letters. The 
Council advised, that they were unable from a view of 
the Constitution of the United States, and the docu- 
ments aforesaid, to perceive that any exingency existed 
which could render it adviseable to comply with the 
said requisition. But as upon important questions of 
law, and upon solemn occasions, the Governor and 
Council have authority to require the opinion of the 
Justices of the Supreme Judicial Court, that it was ad- 
viseable to request the opinion of the Supreme Court 
upon the following questions, viz. 

1st. Whether the Commanders in Chief of the militia 
of the several States, have a right to determine wheth- 
or any of the exigencies contemplated by the Constitu- 
tion of the United States exist, so as to require them 


8 


to place the militia, or any part of it, in the service of 
the United States, at the request of the President, to 
be commanded by him pursuant to acts of Congress ? 

2d. Whether, when either of the exigencies exist, 
authorizing the employing the militia in the service of 
the United States, the militia thus employed, can be 
lawfully commanded by any officer but of the militia, 
except by the President of the United States? 

After the above request was made to the Supreme 
Court, a person deputed by the inhabitants of Eastport 
and Robinstown, on our eastern boundary, applied to 
me, representing that there w ere many lawless people 
on the borders, from whom they had serious apprehen- 
sions of an attack, and requesting that a number of the 
militia might be stationed in those towns. The Coun- 
cil advised that three companies of the detached mili- 
tia should be called into the service of the United 
States for their protection. On the 6tli August I issu- 
ed an order for that purpose, and directed that two of 
the companies should be stationed at Eastport, and one 
company at Robinstown, until the President should 
other wise direct ; and the same day, by a letter to the 
Secretary of War, informed him of the transactions a- 
foresaid — and having received the opinion of the Judg- 
es on the above questions, inclosed to him their answ er. 
A copy of that opinion and the letters and papers above 
referred to, will be laid before you by the Secretary. 

Soon after the declaration of war, several towns on 
the sea coast applied to the Governor and Council for 
arms and ammunition, as many persons who were ex- 
empt from military duty, were destitute of the necessa- 
ry means of defence. Agreeably to the advice of the 
Council, they were, in some instances, furnished with 
those articles. By inspecting the returns of the Quar- 
ter-Master-General, you will be convinced of the ne- 
cessity of obtaining a further supply of small arms and 
military stores, and the more so, as our defence on the 
seaboard seems almost wholy to be confided to the mi- 
litia. We have in this state several hundred miles of 
sea coast, a number of islands near the coast arc inliab- 


9 


itecl by our citizens, and more than one hundred of our 
towns may be approached by the enemy’s ships. It is 
obvious therefore that only a maritime defence can af- 
ford them full security. Still, however, we should em- 
ploy such means as we possess for their protection, and 
to this end, it will be necessary that the whole militia 
should be armed and equipped in the best possible 
manner, and ready to march at the shortest notice, and 
in ease of invasion that arms should be in readiness for 
every man who is able to bear them. In this way it is 
probable that our defensive force, and the general se- 
curity of the seaboard will be as great, as if portions of 
the militia were drawn from every part of the State, 
and stationed in a few of the large towns on the coast. 

While the War, in which we are unhappily involv- 
ed, continues, it is to be carried on only in the name 
and by direction of the public. The people cannot act 
of themselves except for the defence of their posses - 
sions and territories. Without the commission or par- 
ticular order of the Government, they have no right to 
commit hostilities or undertake any offensive expedi- 
tion. In modem warfare the troops alone carry on 
the war, while the rest of the people peaceably fol- 
low their callings ; and if they refrain from hostilities, 
have generally but little to fear from the enemy’s arms. 

For many years, and until within a late period, the 
nations of Europe have made war with moderation 
and generosity, and in a manner which prov ed they 
had not forgotten that their enemies were men, and 
might afterwards become friends. Indeed war is so 
dreadful in its effects, and so destructive to human 
happiness, that the law of nature allows of it only in the 
utmost extremity ; and requires, that when it is resort- 
ed to, the persons engaged in it shall endeavor to mi- 
tigate its horrors as far as their safety will permit, by 
the exercise of justice and humanity. These princi- 
ples of the law of nature are confirmed by the precepts 
of the Christian religion. 

Whatever sentiments may prevail among the people 
of this State concerning the justice or expediency of the 


40 


present War, I hope and trust that they will perform 
the duties enjoined on them by our Constitutions and 
Laws, and that they will do nothing to obstruct the 
Government in the constitutional measures they may 
think proper to adopt. If those measures are thought 
to be unjustifiable or particularly injurious to this part 
of the Union, let us cherish a confidence in the wis- 
dom and the justice of the other States, and wait with 
patience for the remedy provided by the Constitution. 
In the mean time, let us regard with abhorrence those 
violent personal outrages, which are fatal to the peace 
and disgraceful to the character of any people ; let us 
be watchful and determined to prevent tumults aryl 
disorders of every kind, by which our internal tranquil- 
lity would be endangered, and be as willing to in- 
dulge in others the right of expressing their opin- 
ions of publick measures, as we are to exercise that 
right ourselves. 

I shall readily co-operate with you, Gentlemen, in 
any measures that may be thought conducive to the 
defence and tranquillity of the State, and the preserva- 
tion and security of the Union ; and may the God of 
our Fathers protect us in this calamitous period, and 
guide us in the way of duty and asfety. 

CALEB STRONG. 


October 14, 1812. 


DOCUMENTS 


WAR DEPARTMENT, 
June 12 , 1812 . 


Sir, 

I am directed by the President to request 
your Excellency to order into the service of the Uni- 
ted States, on the requisition of Major General Dear- 
born, such part of the quota of militia from the State 
of Massachusetts, detached conformably to the act of 
April 10, 1812, as he may deem necessary for the 
defence of the seacoast. 

With great respect, 

I have the honour to be 


Your Excellency’s 
Obedient servant, 

W. EUSTIS. 


His Excellency the Governor of the 
State of Massachusetts. 


HEAD QUARTERS BOSTON, 
June, 22 , 1812 . 

To His Excellency Caleb Strong. 



Sir, 


I have received instructions from the Pres- 
ident of the United States, to call on your Excellen- 
cy for such part of the quota of the militia of Massa- 
chusetts, which was detached conformably to the act 
of Congress of April 10, 1812, as I may deem neces- 
sary for the defence of the sea-coast ; and I now have 
the honour of requesting your Excellency to order 


fourteen companies of Artillery, and twenty-seven 
companies of Infantry into the service of the United 
States, for the defence of the posts and harbours in 
this State, and the harbour of Newport in the State 
of Rhode- Island. The companies are intended for 
the following posts and harbours in the following pro- 
portions. Tor Passamaquoddy one company of Ar- 
tillery and four companies of Infantry, to be com- 
manded by a Major. For Machias one company of 
Artillery. For Castine one company of Artillery and 
two companies of Infantry, to be commanded by a 
Major. For Damariscotta and Wiscasset two com- 
panies of Artillery. For Kennebunk one company 
of Artillery. For Portland two companies of Artille- 
ry and three companies of Infantry, to be command- 
ed by a Major. For Marblehead, Salem, Cape- Arm 
and Newburyport, two companies of Artillery and 
two companies of Infantry. For Boston four compa- 
nies of Artillery and eight companies of Infantry, 
with a Lieut. Col. and one Major. For the defence 
of Rhode-Island eight companies of Infantry, with a 
Lieut. Col. and one Major. 

Having received official information that War has 
been declared by Congress against Great Britain, 
your Excellency will perceive the expediency of giv- 
ing facility to sueh measures of defence as the crisis 
demands, and as the defence of the sea-coast of New 
England is by the General Government confided to 
my direction, I shall with confidence rely on all the. 
aid and support that the respective Governors of the 
New England States can afford ; and in a special 
manner on that of the Commander in Chief of the im- 
portant State of Massachusetts. And I shall at all 
times receive with the greatest pleasure and readiness 
any advice or information that your Excellency may 
he pleased to communicate. 

With respectful consideration, 

I am, Sir, your obedient servant, 

H. DEARBORN. 


13 


HEAD QUARTERS BOSTON, > 
June 26 , 181 2 . ^ 

To His Excellency Caleb Strong. 

Sir, 

Not having received any notice from your 
Excellency, or from the Adjutant General, of the 
measures which have been taken, for calling into the 
service of the United States, for the defence of the 
sea coast, the companies of militia proposed in the 
note I had the honour of addressing to your Excel- 
lency on the 22d instant, a sense of duty compels 
me to solicit such information on the subject, as the 
urgency of the crisis demands ; and I am pursuaded, 
that no unnecessary delay will disappoint any anxious 
desire for as early an answer as circumstances will 
admit of. 

With great respect, 

I have the honour to be your 

Excellency’s most obedient servant, 
H. DEARBORN, Maj. Gen. 


Boston, June 26 , 1812 . 

Major General Dearborn. 

Sni, 

I have received your letter of this day, in 
which you request information of the measures which 
have been taken for calling the militia into the service 
of the United States. I find that Governor Gerry on 
the 25th of April last, ordered that ten thousand men 
should be detached from the militia of this state. But 
I am informed by the Adjutant General, that the re- 
turns of those detachments have not come to hand, 
except in a very few instances. 

T am, Sir, with great respect, 

Your most obedient servant, 

G, STRONG. 


HEAD QUARTERS BOSTON, ? 

June 29, 1812. 5 

His Excellency Governor Strong. 

SiR, 

I have been honoured with your Excellen- 
cy’s note of the &(5th instant. Returns having been 
made of the detachments of militia from ten brigades 
and principally from those on the sea board, I take 
the liberty of suggesting the expediency of ordering 
out the full proportion of companies from those brig- 
ades, and of giving the necessary orders to others 
whose returns have not yet been received. May it 
not be presumed that although the returns have not 
all been forwarded, the general officers would, on re- 
ceiving your Excellency’s orders, turn out their re- 
spective quotas. 

I am, Sir, your humble servant, 

H. DEARBORN, May. Gen ^ 


Boston, July 3, 1S12. 

Major General Dearborn. 

Sir, 

I have issued a General Order of this dajj, 
with a copy of which I have directed the Adjutant 
General to furnish you ; in which, after mature re- 
flection, I have endeavoured to pursue the course that 
my duty, in relation to the request contained in your 
letter of June 22d, requires of me. 

I am, Sir, with great respect, 

vour most obedient and humble servant, 

C. STRONG 


Commonwealth of Massachusetts. 

general orders - 

HEAD QUARTERS BOSTON - , > 
July 3 , 1812 . 5 

War having been declared by the government of the 
United States against Great Britain and Ireland, and 
the dependencies thereof, the Commander in Chief 
calls upon the militia of Massachusetts duly to notice 
the solemn and interesting crisis, and exhorts them to 
meet the occasion with constancy and firmness. 

When war is commenced, no human foresight can 
discern the time of its termination, or the course of 
events that must follow in its train ; — but the path of 
duty is the path of safety, providence seldom abandons 
to ruin those, who, to a just reliance on the superinten- 
ding influence of Heaven, add their own vigilant and 
bircnuous exertions to preserve themselves. — At the 
present moment§ftherefore, the Commander in Chief 
earnestly recommends to the officers of every grade, 
a close and persevering attention to the duties result- 
ing from their several stations — particularly tint they 
acquire and maintain a perfect knowledge of the condi- 
tion of their respective commands, and see, as far as is 
in their power, that their men are duly armed and 
equipped, that the time allotted to trainings be devoted 
to the instruction of non-commissioned officers and sol- 
diers in the exercise of arms, and in the practice of 
evolution as prescribed in the established regulations : 
And that the provisions and intentions of the laws, be- 
ing in every respect fulfilled, they may be ready with 
alacrity and effect to defend their country, their con- 
stitutional rights, and those liberties which are not on- 
ly our birthrights, but which, at the expense of so 
much blood and treasure, were purchased in the late 
revolution. 

From the docility, from the good sense and patriot- 
ism of the non-commissioned officers and soldiers, the 


10 


Commander in Chief is led to expect a patient submis- 
sion to the instructions of their officers prompt obedi- 
ence to orders, and the practice of all those military 
and masculine virtues which adorn the soldier and 
exalt the man. 

To all the Militia, both officers and soldiers, the 
Commander in Chief would superadd an earnest ex- 
hortation, as they are citizens as well as soldiers, to 
cultivate a spirit of candour, of friendship, and mutual 
forbearance, and an ardent love of country, that shall 
elevate them above all sinister views, and eventually 
secure to them and their children, the blessings of 
peace, of liberty, and good government. 

The Commander in Chief requires, that particular 
attention be paid to the town magazines — that they 
are fully provided with the ammunition, military stores 
and utensils which the law directs ; and the Brigade 
Quarter Masters are required to perform their duty 
with promptitude and exactness. 

In such divisions as have not competed the detach- 
ment of ten thousand men called for by the General 
Orders of the 25th day of April last, the Major Gen- 
erals or commanding officers of those divisions are 
enjoined to attend to that service without delay, and 
to make and complete the detachments from their re- 
spective corps, of their several quotas of the said ten 
thousand men, and to make return of the same as 
speedily as may be to the Adjutant General — the said 
Generals and other officers will take care that the Mi- 
litia so detached, are duly provided with the efficient 
arms and accoutrements necessary for actual service.* 
The Militia detached by the Orders above alluded 
to, after they are formed conformably to said Orders, 
will hold themselves in readiness to march on the 
shortest notice, pursuant to the orders to be given by 
ihe Commander in Chief, unless in case of actual in- 
vasion, or imminent danger thereof, in which case, 
without w ai - ig for such orders, they will march, 
without delay, to the defence of any part or parts of 


17 

this Commonwealth that shall he so invaded, or in 
imminent danger of invasion — and when in the actual 
service of the United States will he under the com- 
mand of the President, agreeably to the constitution 
of the United States. 

And whereas the quota of ten thousand Militia, re- 
quired as aforesaid, being to be raised from the sev- 
eral divisions and corps throughout the Common- 
wealth, cannot be assembled in time to repel a sud- 
den invasion ; and to embody them previously, and 
keep them in constant service, would be, extremely 
burdensome, and even if assembled would not be ad- 
equate to the defence of the numerous points on 
coast of several hundred miles in extent ; the Com- 
mander in Chief further orders and directs, that the 
Generals and other officers of the whole Militia of the 
Commonwealth, bearing in mind the possibility of a 
sudden invasion, hold themselves, and the corps of 
*iiilitia under their respective commands, in constant 
readiness to assemble and march to the defence of any 
part or parts of the Commonwealth, pursuant to the 
orders to be given by him ; but without waiting for 
such orders, in case of actual invasion, or such immi- 
nent danger thereof as will not admit of delay. 

By the General Orders above mentioned of the 25th 
of April last, three Major Generals and six Brigadier 
Generals were assigned to command in that detach- 
ment, without being regularly detailed from the Ros- 
ter. The Commander in Chief therefore orders, that 
Hie following General Officers, being detailed from 
the Roster as the law directs, be appointed to 
command in the said detachment, in lieu of the 
General Officers named in the General Orders afore- 
said, viz. 

Western Division. 

Major General EEENEZER MATTOON, 
Brigadier General CALEB BURBANK, 

Brigadier General ISAAC M A.LTBY. 

3 


18 


Eastern Division . 

Major General HENRY SEW ALL, 

Brigadier General JOHN BLAKE, 

Brigadier General DAVID PAYSON. 

Southern Division. 

Major General JOSEPH B. VARNUM, 
Brigadier General EBENEZER LOTHROP, 
Brigadier General WILLIAM HILDRETH 
By order of the Commander in Chief 
* • WILLIAM DONNISON, 

Adjutant General 


* HEAD QUARTERS BOSTON, > 
July 15, 1812. $ 

His Excellency Caleb Strong. 

Sir, 

Haying received Orders to leave the se& 
coast, where I was ordered for the purpose of taking 
the necessary measures for placing the towns and 
garrisons in a state of defence against the invasion or 
attack of the enemy, and to repair to Albany; it be- 
comes my duty again to request your Excellency to 
order out such part of this State’s quota of the detach- 
ed militia as the present state of war requires. The 
numbers I had the honour to state to your Excellency 
in my letter of the 22d ult. As the other objects will 
require the service of a great part of the regular 
troops, it will become my duty to order them from 
the sea-board, and of course I niu^t leave some part 
of the coast with less protection against those depre- 
dating parties of the enemy, that may attempt inva- 
sion for the mere purpose of plunder, than prudence 
would have justified, if a suitable number of the mili- 
tia should not be ordered out in conformity with the 
views and intentions of the President of the United 
States as heretofore expressed. If your Excellency 
shall consider it expedient to have the militia turned 


19 


out for the proposed purposes, I will with pleasure 
afford all the aid in my power for effecting the intend- 
ed objects, consistently with the orders I have receiv- 
ed. As early an answer as your Excellency can 
make convenient, will be very desirable. 

I have the honour to be, very respectfully, 

Your Excellency’s most obedient servant, 

H. DEARBORN, Maj. Gen . 


WAR DEPARTMENT, > 
July 21, 1812. 5 

Sir, 

By information received from Major Gener- 
al Dearborn, it appears that the detachments from the 
militia of Massachusetts for the defence of the mari- 
time frontier, required by him under the authority of 
the President, by virtue of the act of the 10th of 
April, 1812, have not been marched to the several 
stations assigned them. 

Inasmuch as longer delay may be followed with 
distress to a certain portion of our fellow citizens, and 
with injurious consequences to our country, I am com- 
manded by the President to inform your Excellency 
that this arrangement of the militia was preparatory 
to the march of the regular troops to the northern 
frontier. The exigencies of the service have requir- 
ed, and orders have accordingly been given to Major 
General Dearborn, to move the regular troops to that 
frontier, leaving a sufficient number to man the guns 
in the garrisons on the sea- board. The execution of 
this order, increases, as your Excellency cannot fail 
lo observe, the necessity of hastening the detached 
militia to their several posts as assigned by General 
Dearborn ; in which case they will of course be con- 
sidered in the actual service and pay of the United 
States. 

The danger of invasion which existed at the time 
of issuing the order of the President, mcreases ; and 


20 

I am specially directed by the President to urge this 
consideration to your Excellency, as requiring the 
necessary order to he given for the immediate inarch 
of the several detachments specified by General Dear- 
born, to their respective posts. 

I have the honour to be, very respectfully, 

Sir, your Excellency’s obedient servant, 

WILLIAM EUSTIS 
His Excellency Caleb Strong, 7 
Governor of Massachusetts . 3 


Boston August 1 , i8U. 

The Honourable the Justices of the Supreme Jndi 
cial Court of the Commonwealth of Massachusetts . 

Gentlemen, 

Having laid before the Council of this State a let- 
ter from the Secretary of War of the 12th of June 
last, and letters dated June 22, and July 15, 1812, 
which I received from Maj. Gen. Dearborn, and al- 
so a letter which I have received from the Secretary 
of War of July 21, 1812, requesting their advice 
what measures ought to be adopted in consequence 
of the requisition expressed in the said letters. 

The Council thereupon advised that, as upon im- 
portant questions of law and upon solemn occasions, 
the Governor and Council have authority by the con- 
stitution to require the opinions of the Justices of the 
Supreme Judicial Courts ; it is advisable to request 
the opinion of the Justices of the Supreme Judicial 
Court on the following questions, to wit : — 

1. Whether the Commanders in Chief of the Mi- 
litia of the several States have a right to determine 
whether any of the exigencies contemplated by the 
constitution of the United States exist, so as to require 
them to place the Militia, or any part of it, in the 
service of the United States, at the request of the 
President, to be commanded by him pursuant to 
acts of Congress. 


2, Whether, when either of the exigencies exist au- 
thorizing the employing of the Militia in the service 
of the United States, the Militia thus employed can 
he lawfully commanded by any officers but of the 
Militia, except by the President of the United States. 

In conformity with the foregoing advice of the 
Council, I request you, Gentlemen, to state to me 
your opinions on the questions above mentioned, as 
soon as conveniently may be. The Secretary will 
deliver you herewith the letters above mentioned. 

I am, Gentlemen, with great respect, 

Your most obedient servant. 

CALEB STRONG. 


To his Excellency the Governor and the Honoura- 
ble Council of the Commonwealth of Massachu- 
setts . 

The undersigned, Justices of the Supreme Judi- 
cial Court, have considered the several questions 
proposed by your Excellency and Honours for their 
opinion. 

By the constitution of this State, the authority of 
commanding the Militia of the Commonwealth is 
vested exclusively in the Governor, who has all the 
powers incident to the office of Commander in Chief, 
and is to exercise them personally or by subordinate 
officers under his command, agreeably to the rules 
and regulations of the constitution and the laws of the 
land. 

iYhile the Governor of the Commonwealth remain 
ecrih the exercise of these powers, the federal con- 
stitution was ratified, by which was vested in the 
Congress a power to provide for the calling forth the 
Militia, to execute the laws of the Union, suppress 
insurrections and repel invasions; and to provide for 
governing such part of them as may be employed in 
the service of the United States, reserving to the 


States respectively the appointment of the officers. 
The federal constitution further provides, that the 
President shall be commander in chief of the army 
of the United States and of the Militia of the several 
States, when called into the actual service of the Uni- 
ted States. 

On the construction of the federal and state consti- 
tution must depend the answers to the several ques- 
tions proposed. As the Militia of the several States 
may be employed in the service of the United States 
for the three specific purposes of executing the laws of 
the Union, of suppressing insurrections and repelling 
invasions, the opinion of the Judges is requested, wheth- 
er the Commanders in Chief, of the Militia of the sev- 
eral States have a right to determine whether any of 
the exigencies aforesaid exist, so as to require them to 
place the Militia, or any part of it, in the service of 
the United States, at the request of the President, to 
be commanded by him pursuant to acts of Congress. 

It is the opinion of the undersigned, that this right 
is vested in the Commander in Chief of the Militia 
of the several States. 

The federal constitution provides, that when either 
of these exigencies exist, the Militia may be employ- 
ed, pursuant to some act of Congress, in the service 
of the United States ; but no power is given either 
to the President or to the Congress to determine tha 
either of the said exigencies do in fact exist, as this 
power is not delegated to the United States by the 
federal constitution, nor prohibited by it to the States, 
it is reserved to the States respectively ; and from 
the nature of the power it must be exercised by those 
with whom tlie States have respectively entrusted me 
chief command of the Militia. 

It is the duty of these commanders to execute 
this important trust agreeably to the laws of their 
several States respectively, without reference to the 
laws or officers of the United States, in all cases, ex- 
cept those specially provided in the federal consti- 


tution. They must therefore determine when either 
of the special eases exist obliging them to relinquish 
the execution of this trust, and to render themselves 
and the Militia subject to the command of the Presi- 
dent. A different construction, giving to Congress 
the right to determine when these special cases exist, 
authorizing them to call forth the whole of the Mili- 
tia, and taking them from the Commanders in Chief 
of the several States and subjecting them to the com- 
mand of the President, would place all the Militia 
in effect at the will of the Congress and produce a 
military consolidation of the States, without any con- 
stitutional remedy against the intentions of the peo- 
ple when ratifying the federal constitution. Indeed 
since the passing of the act of Congress of February 
28, 1795, c. 101, vesting in the President the power 
of calling forth the Militia when the exigencies men- 
tioned in the constitution shall exist, if the President 
has the power of determining when those exigencies 
exist, the Militia of the several States is in fact at his 
command and subject to his controul. P 

No inconveniences can reasonably be presumed to 
result from the construction which vests in the Com- 
manders in Chief of the Militia in the several States 
the right of determining when the exigencies exist 
obliging them to place the Militia in the service of 
the United States. These exigencies are of such a 
nature, that the existence of them can be easily as- 
certained by or made known to the Commanders in 
Chief of the Militia ; and when ascertained, the pub 
lie interest will induce a prompt obedience to the 
acts of Congress. 

Another question proposed to the Consideration of 
the Judges is, whether, when either of the exigencies 
exist authorizing the employing of the Militia in the 
service of the United States, the Militia thus employ- 
ed can be lawfully commanded by any officer but of 
the Militia, except by the President of the United 
States, 


The federal constitution declares that the President 
shall he the Commander in Chief of the army of the 
United States. He may undoubtedly exercise this 
command by officers of the army of the United States 
by him commissioned according to law. The Presi 
dent is also declared to be the Commander in Chief 
of the Militia of the several States, when called into 
ihe actual service of the United States. The officers 
of the Militia are to be appointed by the States ; and 
the President may exercise his command of the Mi- 
litia by the officers of the Militia duly appointed. 
But we know of no constitutional provision authori- 
zing any officer of the army of the United States 
to command the Militia, or authorizing any officer of 
the Militia to command the army of the United States- 
The Congress may provide laws for the government 
of the Militia when in actual service ; buMo extend 
this power to the placing them under the command 
of an officer, not of the Militia, except the President, 
would render nugatory the provision that the Militia 
are to have officers appointed by the States. 

The union of the Militia in the actual service of 
the United States with the troops of the United 
States, so as to form one army, seems to be a case 
not provided for or contemplated in the constitution 
It is therefore not within our department to deter- 
mine on whom the command would devolve on such 
an emergency, in the absence of the President. 
Whether one officer either of the Militia or of the 
army of the United States to be settled according to 
military rank should command the whole ; whether 
the corps must be commanded by their respective 
officers, acting in concert as allied forces ; or what 
other expedient should be adopted ; are questions to 
be answered by others. 

The undersigned regret, that the distance of the 
other Justices of the Supreme Judicial renders it im- 
practicable to obtain their opinions seasonably upon 
the questions submitted. 

( Signed. ) THEOP. PARSONS. 

SAMUEL SEW ALL. 
ISAAC PARKER. 


25 


Boston, August 5, 1812. 

The Honourable William Eustis, Secretary at War, 
Sir, 

I received your letter of the 31st of July, when at 
Northampton, and the next day came to Boston. 
The people of this State appear to he under no ap- 
prehension of an invasion — several towns indeed on 
the sea coast, soon afterthe declaration of war, applied 
to the Governor and Council for arms and ammuni- 
tion, similar to the articles of that kind which had 
been delivered to them by the State in the course of 
the last war, and in some instances they were suppli- 
ed accordingly. But they expressed no desire that 
any part of the militia should he called out for their 
defence, and, in some cases, we were assured such a 
measure would tie disagreeable to them. 

You observe in your last letter, that the danger of 
invasion which existed at the time of issuing the or- 
der of the President, increases. It would he difficult 
to infer from this expression, that in your opinion, 
that danger is now very considerable, as the Presi- 
dent’s order must have been issued before war was 
declared, your former letter being dated the 12th of 
June, and General Dearborn’s, who was then at Eos- 
ton, on the 22d of that month ; — besides, it can hard- 
ly be supposed that, if this State had been in great 
danger of invasion, the troops would have been called 
from hence, to carry on offensive operations in a dis- 
tant Province — however, as it was understood that 
the Governor of Nova Scotia had by Proclamation 
forbid any incursions or depredations upon our terri- 
tories, and as an opinion generally prevailed, that 
the Governor has no authority to call the militia into 
actual service, unless one of the exigencies contem- 
plated by the constitution exists, 1 thought it expedi- 
ent to call the Council together, and having laid before 
them your letters, and those which I bad received 
from General Dearborn, I requested their advice on 
the subject of them. 

4 


Tlie Council advised “that they are unable, from 
a view of the constitution of the United States and 
the letters aforesaid, to perceive that any exigency ex- 
ists which can render it adviseable to comply with 
the said requisition. But as upon important ques- 
tions of law and upon solemn occasions the Governor 
and Council have authority to require the opinion of 
the Justices of the Supreme Judicial Court, it is ad- 
viseable to request the opinion of the Supreme Court 
upon the following questions, viz. 

1. Whether the Commanders in Chief of the militia 
of the several States have a right to determine 
whether any of the exigencies contemplated by the 
constitution of the United States exist, so as to re- 
quire them to place the militia, or any part of it, in 
the service of the United States, at the request of 
the President, to be commanded by him pursuant 
to acts of Congress ? 

2 . Wheiher, when either of the exigences exist au- 
thorising the employing of the militia in the service 
of the U. States, the militia thus employed can be 
lawfully commanded by any officer but of the mili- 
tia, except by the President of the United States ?” 
I inclose a copy of the answers given by the Judges 

to these questions. 

Since the Council were called, a person deputed 
by the towns of Eastport and Pobbinstown, on our 
eastern boundary at Passamaquoddy, applied to me ; 
representing that they had no apprehensions of inva- 
tion by an authorized British force, but that there 
were many lawless people on the borders, from whom 
they w ere in danger of predatory incursions, and re- 
questing that they might be furnished with some arms 
and ammunition, and that three companies of militia 
might be called out for their protection. The Coun- 
cil advised that they should be supplied with such 
arms and ammunition as were necessary for their 
present defence, w hich has been ordered. They al- 
so advised me to call into the service of the U nit.ed 




States three companies of the detached militia for the 
purposes above mentioned. I have this day issued 
an order for calling out three companies of the de- 
tached militia to be marched forthwith to Passama- 
quoddy and to be commanded by a Major : two of 
the companies will be stationed at Eastport* and one 
company atRobbinstown* until the President shall oth- 
erwise direct. 

I have no inclination officially to interfere in the 
measures of the General Goverment* but if the Presi- 
dent was fully acquainted with the situation of this 
State* I think he would have no wish to call our mi- 
litia into service in the manner proposed by General 
Dearborn. 

It is well known that the enemy will find it diffi- 
cult to spare troops for the defence of their own ter- 
ritory* even predatory incursions are not likely to 
take place in this State* for at every point* except 
Passamaquoddy* which can present an object to those 
incursions* the people are too numerous to be attack- 
ed by such parties as generally engage in expeditions 
of that kind. 

General Dearborn proposed that the detached mi- 
litia should be stationed at only a few of the ports 
and places on the coast — from the rest a part of the 
militia were to be called away ; this circumstance 
would increase their danger — it would invite the ag- 
gressions of the enemy and diminish their power of 
resistance. 

The whole coast of Cape Cod is exposed as much 
as any part of this State to depredations — part of the 
militia must* according to the detaching orders* be 
marched from their homes* and yet no pl^ce in the 
old Colony of Plymouth is assigned to be the rendez- 
vous of any of the detached militia. 

Every harbour or port within the State has a compact 
settlement* and generally the country around the har- 
bours is populous. The places contemplated in Gen- 
eral Dearborn’s specification as the rendezvous of the 


28 


detached militia, excepting one or two instances, con- 
tain more of the militia than the portion of the de- 
tached militia assigned to them. The militia are 
well organized, and would undoubtedly prefer to de- 
fend their fire-sides in company with their friends, 
under their own officers, rather than to be marched to 
some distant place, while strangers might be introdu- 
ced to take their places at home. 

In Boston the militia is well disciplined and would 
be mustered in an hour upon any signal of an ap- 
proaching enemy, and in six hours the neighbouring 
towns could pour in a greater force than any invading 
enemy will bring against it. 

The same remark applies to Salem, Marblehead 
arid Newburyport, places whose harbours render an 
invasion next to imposible ; in all of them there arc, 
in addition to the common militia, independent corps 
of Infantry and Artillery well disciplined and equip- 
ped, and ready, both in disposition and means, to re- 
pair to any place where invasion may be threatened, 
and able to repel it, except it should be made by a 
ileet of heavy ships, against which nothing perhaps 
but strong fortifications, garrisoned by regular troops 
w ould prove any defence until the enemy should land, 
w hen the entire militia w ould be prepared to meet 
them. 

Keimebunk is unassailable by any tiling but boats, 
which the numerous armed population is competent to 
resist ; — Portland has a militia and independent corps 
sufficiently numerous for its defence, and the same is 
the case w ith Wiscasset and Oastine. 

Against predatory incursions the militia of each 
place w ould lie able to defend tlieir property, and in 
a very short time they w ould be aided, if necessary, 
by the militia of the surrounding country ; in case of 
a more serious invasion, whole Brigades or Divisions 
could be collected seasonably for defence. Indeed, 
considering the state of the militia in this Common 
wealth, I think there can be no doubt, that detaching 


29 


a part of it and distributing it into small portions 
will tend to impair the defensive power. 

I have thus freely expressed to you my own senti- 
ments, and so far as I have heard, they are the sen- 
timents of the best informed men. I am fully dispos- 
ed to afford all the aid to the measures of the Na- 
tional Government which the constitution requires of 
me ; but I presume it will not be expected or desir- 
ed that I shall fail in the duty which I owe to the 
people of this State, who have confided their interests 
to my care. 

I am, Sir, with respect, 

your most obedient, and 
humble servant, 

C. STRONG. 


Commonwealth of Massachusetts. 

GENERAL ORDERS^ 

HEAD QUARTERS, BOSTON,? 

August 5th, IS 12 . 5 

By the General Order of the 3d of July last, Major 
General Henry Sewall is appointed to command the 
Eastern Division of the Militia, which was detached 
under the Order of the 25tli of April last, consisting 
of all the detached Militia in the District of Maine. 

The Commander in Chief having been requested by 
Major General Dearborn, by order of the President 
of the United States, to direct a part of the Militia, 
detached under the said Order of the 25th of April, 
to march to Passamaquoddy, for the defence of the 
posts and harbours on the eastern border of this Com- 
monwealth ; and considering that that part of the State 
is in a peculiar manner in danger of invasion, and that 
disorderly persons may attempt to disturb and annoy 
the peaceable inhabitants in that neighbourhood, and 
endanger their lives and property ; has thought fit to 
order, and doth hereby order, that three full compa 


w 


ilies of Infantry, of the Eastern detached Division of 
Militia, be designated by Major General Sewall ; and 
after being completely armed and equipped, ordered to 
march as soon as possible, to Eastport, in the District 
of Maine, which is appointed the place of rendezvous. 
The said three companies will form a Battalion, under 
the command of a detached Major, to be designated 
Major General' Sewall, who will also designate an 
Adjutant and Quarter Master, and order the whole to 
march without delay to the place of Rendezvous. 
The Major commanding the Battalion will see that 
provision is made for the subsistence of his troops, 
from the places from whence the companies march, 
until their arrival at the place of rendezvous, in 
the manner prescribed by law, and for the trans- 
portation of their baggage. Major General Sewall, 
in designating the companies to march, will, as far as 
may be, take them from the nearest counties and 
districts, and from places the least exposed to the 
enemy. 

The Major Generals and other officers of the local 
Divisions of the militia, from which any part of the 
said Battalion may be drawn, will afford their aid in 
completing the Companies, and will see that the men 
are armed and equipped as the law directs. 

The Commander in Chief expects that this Order 
Will be obeyed by his fellow citizens of the draughted 
Militia, with promptitude, and when marching to the 
place of their destination, as well as afterwards, that 
they will preserve good order, and render due obedience 
to the commands of their officers. He would remind 
them that they are not only called forth to defend the 
frontier against any invasion of a foreign enemy, but 
to prevent the depredations of any lawless banditti who 
may be disposed to rob and plunder, whether they be- 
long to our own territories or those of the enemy. Al- 
though war is declared between the U. States and G. 
Britain, it is to be carried on only by the order of 
Government. It is the duty of the inhabitants of the 


31 


towns and villages bordering on the British line, to en- 
deavour to repel any invasion of our own Territories ; 
but they have no right to make incursions into the Ter- 
ritories of the enemy. Lawless plunderers, either by 
sea or land, and as well in time of war as of peace, 
are pirates or robbers, and their depredations ought, as 
far as may be, to be prevented or punished ; they only 
occ asion distress and misery to the exposed inhabitants, 
and have no tendency to produce an equitable peace, 
which is the only justifiable object of war. 

The Officers will be careful to inculcate upon their 
men the necessity of discipline, and a sacred regard to 
the rights of their fellow citizens. The soldiers of a 
free government should view with abhorrence, any at- 
tempt to assume power by the use of the sword, or to 
invade the rights of those, whom it is their duty to 
protect. 

By Order of the Commander in Chief 

WILLIAM DONNISON, 

Adjutant General . 


Augusta, August 17, 1812. 

Sir, 

In execution of your Excellency 's orders of the 5th 
instant, which came to hand on the evening of the 10th, 
after adding my own orders thereto, I despatched Ma- 
jor Dutch, one of my aids, on the 11th to Brig. Gen. 
Blake, to whom I also wrote, requesting him to afford 
all the assistance in his power, to promote the object in 
view. In designating the companies, I was induced 
to select that in the neighbourhood of Eastport for 
one, from the consideration that it would necessarily 
be exposed, whether put on duty or not ; the other two 
from the interior neiglibourhood of Penobscot river, be- 
cause they were the nearest I could find which were 
not situated on the sea coast. 

Major Dutch is now returned, with information that 
General Blake has entered into the spirit of the exi- 


gency ; that he lias distributed the orders aforesaid, 
with his own annexed, to those companies in his neigh- 
bourhood, and that they will probably commence their 
inarch to- morrow. I have, moreover, written particu- 
lar letters, per mail, to the Major, the Adjutant and 
the Quarter Master of the Battalion, and also to Colo- 
nel Shead, of Eastport, to whom I have enclosed a 
copy of the general and detachment order. 

It being intimated to me from respectable sources, 
that Brigadier Gen. Brewer, of Robbinstown, is an ac- 
tive Officer, possessing considerable influence in that 
part of the Country, and that if he could be employed 
in the way of advice or assistance in the case, it might 
have a good effect, I have thought that it might not be 
improper, in view of all circumstances, to address him 
particularly to 66 afford his aid” in any instance which 
might facilitate the arrangements of the Supreme Exec- 
utive, in the defence of that frontier ; and unless your 
Excellency should think a letter from Head Quarters 
might have a better effect, I will attempt it shortly. I 
will suggest, with all deference, whether it will not be 
proper tiiat the Major Commandant should be furnish- 
ed with written instructions from the Commander in 
Chief. 

I am, Sir, 

With much esteem and respect, 

Your Excellency’s 

Most obedient servant, 

H. SEWALL. 

Ills Excellency Governor Strong, "I 

Commander in Chief. ^ 

Eastern Detachment Orders , by Maj. Gen. Sewall. 

Augusta, August 11 , 18^12. 

In obedienee to the General Orders of the 5th 
inst. the three Companies of Infantry hereby designated 
to march to Eastport for the defence of that frontier, will 
be, the detached Company in the neighbourhood of 


Eastport, under the command of Captain Thomas Vose, 
jun.of Robbinstown,the detached Company in the interior 
neighbourhood of Penobscot river, under the command 
of Captain Joshua Chamberlain,* of Orrington, and the 
detached Company in the same neighbourhood under 
the command of Captain Thomas G eorge,* of Brewer, 
which will form a Battalion, to be commanded by Major 
Nathan Low, of Deer Isle ; Adjutant Moses Adams, of 
Elsworth, and Quarter Master Jeremiah Knowlton, are 
also hereby attached to the Battalion and directed to 
perform the duties of their respective offices therein. On 
receipt of these orders the troops composing the several 
Companies aforesaid, will be supplied with the necessa- 
ry provisions &c. by the Selectmen of their respective 
towns, according to the directions prescribed in the mi- 
litia law ; and being completely armed and equipped 
as the law directs will immediately march for Eastport, 
under the command of the said detached Captains, until 
they shall be joined by Major Low, from whom they 
will then take further orders. On the arrival of any of 
the said Companies at Eastport, Colonel Stead, of that 
place, is hereby requested to afford all the aid and ad- 
vice which may be necessary for the judicious disposi- 
tion or comfortable accommodation of the troops, espe- 
cially until the Major Commandant shall arrive. A strict 
attention to the orders of the Commander in Chief is 
hereby enjoined on the Officers and men of this detac- 
ment relative to their conduct on the march, and at the 
place of destination. 


Boston, August 21, 1812. 

Hun. William Eustis, Secretary at War . 

Sir, 

I mentioned in my letter to you of the 5th of Au- 
gust, that I had that day issued an order for calling 
out three companies of the detached Militia, to be 
marched immediately to Passamaquoddy, for the de- 
fence of that frontier, and to be commanded by a Ma- 
jor. I directed that two of the companies should be 

* These Captains names were inserted at Bangor bj- the advice of Gen. Blahe, 

5 


34 


stationed at Eastport, and one company at Robbins town, 
until the President should direct otherwise, unless, in 
the mean time, the Major with the advice of Brigadier 
General Brewer, who lives in Robbinstown,and to whom 
I wrote on the subject, should think a different dispo- 
sition of the companies would be more advantageous. 

I have this day received a letter from General Bew- 
ail, dated the 17th instant, in which lie says, that he 
had designated the detached company in the neigh- 
bourhood of Eastport, under the command of Captain 
Thomas Vose, jun. of Robbinstown, the detached com- 
pany in the interior neighbourhood of Penobscot River, 
under the command of Captain Joshua Chamberlain, of 
Orrington, and the detached company in the same 
neighbourhood, under the command of Captain Tho- 
mas George of Brewer, to form a Battalion, to be com- 
manded by Major Nathan Low, of Deer Isle, and di- 
rected them to march immediately to Eastport, and 
that they would probably march the next day. I shall 
immediately write to Major Low, and -direct him to 
conform to the above instructions in disposing of the 
companies, until the President of the United States 
shall otherwise direct, 

I am, Sir, w ith respect, 

Your most obedient servant, 

CALEB STRONG 


Boston, August 25, 1812 
Major Nathan Low. 

Sir, 

By the time you receive this letter Jtiu will prob- 
ably have arrived at the post assigned you by General 
Sewall. The whole of the troops ordered to march to 
Eastport and Robbinstown, will also probably have 
reached the places of their destination, and I presume 
you w ill find them well armed and equipped. Two 
companies will be stationed at Eastport, and one at 
Robbinstown, until the President of the United States 
shall direct otherwise, unless in the mean time you, 
with the advice of Brigadier General Brewer, shall 


think a different disposition of them more advanta- 
geous. 

The President of the United States having been du- 
ly apprized of your being ordered to Eastport, you will 
probably soon receive orders from him for the regula- 
tion ol your future conduct, while employed on the 
present command. But it will be proper for you to 
write to the Secretary at War, and inform him of your 
situation, as soon after you arrive at Eastport as may be. 

I would recommend to you, strict attention to the 
comfort, convenience and discipline of the troops under 
your command. As the extent of frontier committed to 
your care is great, the duty of the troops may be severe. 
But you will endeavour to adopt such modes of doing 
guard and other duty, as shall render it as light as pos- 
sible, consistently with the safety of the troops and of 
the posts. And when the men are not on other duty, 
you will see that they are disciplined from time to time, 
so as to be qualified to act their part well as soldiers. 

On the cleanliness of the men in their quarters and 
in their persons, their health will in a great measure de- 
pend. 1 cannot therefore too earnestly recommend to 
you the most vigilant attention to it. 

From the intructions you may have already received 
from Major General Bewail and from the General Or- 
der of August 5th, you will perceive that the object of 
your command, as it respects the British nation, is mere- 
ly defensive — this object you will strictly fulfil. At 
the same time you will endeavour to secure the peace- 
able citizens of the frontier, you are ordered to defend, 
against the robberies and depredations of unprincipled 
individuals, whatever characters they may assume. 

Should any circumstances arise in the course of your 
command which you may deem proper for me to be ac- 
quainted with, you will make your communication to 
me through the Adjutant General until the United 
States assume the control of your detachment, you will 
also make weekly returns of your Battalion to the Ad- 
jutant General’s Office in Boston. 

I am, Sir, with esteem, 

Your most obedient servant, 

G. STRONG. 


ANSWER 

OF THE HOUSE OF REPRESENTATIVES, 

TO HIS EXCELLENCY 

THE GOVERNOR'S SPEECH, 


May it please your Excellency , 

THE House of Representatives have con- 
sidered your Excellency's Address to both branches 
of the Legislature, with that attention which so im- 
portant a communication is calculated to inspire ; and 
will enter upon the discharge of those solemn duties 
which have devolved on them, with all that modera- 
tion and candor, which are consistent with the obli- 
gations they are under to their constituents and their 
country. 

"While freedom is driven from the Continent of Eu- 
rope, and her Republics hace successively fallen be- 
fore that scourge of liberty, whose corruption or arms 
have spread desolation and slavery through the old 
world, the right of electing their own rulers, at sta- 
ted periods, is still left to the people of the United 
States : A right, upon the faithful, upright and vigi- 
lant exercise of which, the continuance of our Re- 
public most essentially depends. The people of this 
Commonwealth have contemplated, with anxious so- 
licitude, the return of that period, when the state 
would be again required to appoint their proportion 
of the Electors of President and Vice President of 
the United States. They have considered it as an 
event, which, by the independant exercise of the right 
of suffrage, would afford a peaceful and constitution- 
al remedy for the multiplied evils they have so loug 
experienced ; and would restore to our unhappy 
country, the days of her former prosperity. As the 




38 


immediate representatives of the people, therefore, 
your Excellency may rest assured, that this House 
will persevere in its efforts, to enable this great Com- 
monwealth to discharge a duty imperiously required 
of them by the constitution, and to exercise a right, 
at once so important to their interests, and so conso- 
nant to their wishes. A recurrence to the proceed- 
ings of the former session of the Legislature, Virile it 
will evince the readiness of the House of Represen- 
tatives to sacrifice their own favorite views to the at- 
tainment of this great object, will bear testimony to 
tiie industry and zeal they have manifested in their 
endeavours to comply with the requisitions of the 
Constitution — And they now pledge themselves to 
your Excellency and their constituents, that they will 
not cease their efforts to preserve to Massachusetts 
the inestimable privilege, guaranteed by that instru- 
ment, of appointing, in a fair and impartial manner, 
Electors of the first magistrate of the nation. To a 
steadfast adherence to this determination, they will 
be alike induced, by their own wishes, their regard 
to the rights and interests of their constituents, the 
allegiance they owe to this Commonwealth as a 
“sovereign and independent state,” their attachment 
to the constitution of the United States, and the obli- 
gations of that oath, by which they are bound to its 
support. Should this duty therefore be neglected, 
should no mode of appointing Electors be prescribed 
by the Legislature, should the people of this state, 
upon this most important occasion, be deprived of 
their political consequence, and of the rights of citi- 
zens, and thus have imposed on them a President 
hostile to their interests and abhorrent to their wishes, 
the House of Representatives owe it to themselves 
to declare, that of this political sin, they wilt be 
guiltless. They cannot however permit themselves 
to believe, that at a period so momentous to their 
country and the w orld, either branch of the Legisla- 
ture will attempt to eontroul the w ishes, or counter- 
act the demands of a great majority of the people of 
this C opinion wealth . 




38 


The House of Representatives have witnessed with 
great satisfaction the course which your Excellency 
has adopted and pursued, in regard to the requisition 
of Major General Dearborn, for a part of the quota of 
the militia of this Commonwealth ; and it is due to 
your Excellency to declare, that the conduct of the 
Executive, upon this interesting subject, has met the 
unqualified approbation, not only of this House, but 
of the great body of the People. While, on the one 
hand, it has discovered a sincere desire to comply 
with the requisition of the constitution of the United 
States, and the laws made in pursuance thereof, it has 
equally evinced a determination to protect the citizen 
against all unconstitutional encroachments, and to 
maintain the rights of the State, as secured and recog- 
nized, by that constitution. — By the constitution, 
Congress are wisely entrusted, not only with the right 
of declaring war but with the powder of raising such 
forces, both by sea and laud, as may be necessary for 
its vigorous prosecution. By a discreet and judicious 
exercise of these inportant powers, the national gov- 
ernment, may, at all times, place themselves in such 
a state of preparation, as to render the aid of the mi- 
litia unnecessary in the commencement of an offen- 
sive war , deliberately declared by themselves ; and 
the power to call the militia into service was never 
intended to be exercised, except in cases of sudden 
emergency, or for the purposes of defence ; not with a 
view of forming them into a standing army, or to pros- 
ecute a war of conquest. Any other construction of 
the constitution than that which your Excellency has 
adopted, would expose the citizens to be torn from 
their homes, whenever the general government might 
think proper to declare w ar ; and to be retained in 
the service of the United States, as long as the w ar 
might continue ; while, by thus depriving the Com- 
monwealth of all their means of protection and de- 
fence, every essential attribute of State sovereignty 
would be completely destroyed. The Common- 
wealth of Massachusetts have never surrendered to 
the general government the power to call forth their 


39 


militia, excepting to execute the laws of the Union, 
suppress insurrection, and repel invasion, and whenev- 
er this call is made, it is not only the right of the 
Commander in Chief, but his sacred duty to determine 
whether either of those exigences exist. The citizens 
of tills Commonwealth will long cherish grateful re- 
collections of the faithful and independent manner, in 
which your Excellency has discharged this important 
trust — And the papers and documents upon this sub- 
ject, referred to in your Excellency’s communication, 
shall receive from the House of Representatives all 
that attention which their importance requires. 

While the troops of the United States are with- 
drawn from our garrisons and harbours, and our exten- 
sive sea coast is left destitute of a maritime defence, 
the House of Representatives will endeavour to furnish 
all the means of protection in their power, by supply- 
ing every citizen with such arms and military stores, 
as their situation may require. Still, however, it is 
obvious, that maritime protection only, can afford full 
security to the numerous towns which are exposed to 
the enemy, and the islands which border on our coast. 

The House of Representatives are not without hope, 
that their own experience will satisfy the national gov 
erment, of the necessity of a naval force ; for while 
disaster and defeat have attended our arms on the land, 
a recent occurrence has borne honourable testimony 
to the skill and bravery of our gallant seamen. 

The House of Representatives deem it unnecessa- 
ry, at this time, to enter into a consideration of the 
avowed causes of that unhappy war in which our 
country is engaged. They cannot, however, refrain 
from expressing their surprise and regret, that although 
the principal cause for its declaration has ceased, by 
the revocation of the British orders in council, no dis 
position has been manifested by our rulers, to bring it 
to a peaceful termination ; and the U. States now 
present the novel spectacle of a nation, professedly 
contending for the rights of commerce, and by that 
contest annihilating itsJbenefits, while, if the declara- 
tions of our own government be correct, that the French 


40 


decrees are repealed, We might, at this moment, enjoy 
an unrestrained commerce in all parts of the globe ; 
contending too with a nation, whose downfall would 
be attended by our own subjugation ; and in concert 
with that power, whose triumph would bind us in 
chains. In such a war, commenced without prepara- 
tion, and prosecuted as it has been, with a mixture of 
imbecility and rashness, it is not surprising, that those 
who must endure its privations, and who foresee its 
dreadful consequences, should, from the best princi- 
ples of patriotism, proclaim its inexpediency, and 
doubt its justice. Upon this subject, the House of 
Representatives have fully expressed their opinions on 
a former occasion ; and they have only now to add, 
that by the events which have since transpired, both 
at home and abroad, these opinions have been strength- 
ened and confirmed. 

In a government like ours, public sentiment alone 
must arrest the progress of those calamities, which the 
measures of the administration might produce. This 
house, therefore, have viewed, with detestation and 
abhorrence, the attempts which have been openly 
made, in a distant state, to overawe public opinion, 
by lawless force, and to silence the freedom of the 
press, by personal outrage. 

The House of Representatives assure your Excel 
lency, that they will be unceasing in their efforts to 
maintain the tranquillity of this commonwealth, to se- 
cure to the citizens, the liberty of speech, the freedom 
of the press, and the rights of election ; to assuage 
Ihe asperity of party animosity ; to mitigate the ca- 
lamities of war, by the exercise of justice and human- 
ity ; to preserve the union of the States in the genu- 
ine spirit of the constitution ; and, by the blessings of 
heaven, to restore to our suffering country, prosperity 
and peace. 

October SO, 1812. 




















